The purpose and effect of the proposed rule amendments will be to make language changes to clarify and organize existing rules and forms and to address operational concerns arising out of the current versions of existing rules and forms. Changes to ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Mobile Home Relocation Corporation

RULE NO: RULE TITLE
61M-1.001: Procedures for Operation
61M-1.002: Claims Procedures
61M-1.003: Approved Forms
61M-1.004: Late Fees
61M-1.005: Determination of Mobile Home Park Status
61M-1.006: Rental Agreement Status
61M-1.007: Timeframe to Apply for Assistance
61M-1.008: Grievance Procedure
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments will be to make language changes to clarify and organize existing rules and forms and to address operational concerns arising out of the current versions of existing rules and forms. Changes to existing rules will also be considered to address possible concerns arising out of the incorporation of forms into a separate rule. The board will also discuss, and will consider, possible new rules relating to late fees to implement changes to Section 723.06116(1)(a)-(d), F.S., and possible new rules relating to the determination of mobile home park status, rental agreement status, timeframes to apply for assistance to implement changes to Section 723.0612(12), F.S., and a grievance procedure.
SUMMARY: The subject areas to be addressed in these rule amendments are: the operation of the Florida Mobile Home Relocation Corporation and the use of applicable forms by the public, requests for assistance for relocation and abandonment expenses by members of the public who reside in a mobile home park where there has been a change in land use and determinations made with regard to such applications, procedures for the collection of funds from mobile home park owners whose residents have sought relocation or abandonment expenses and procedures for aggrieved individuals to challenge decisions of the Florida Mobile Home Relocation Corporation.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 723.0611(3) FS.
LAW IMPLEMENTED: 723.003, 723.061, 723.0611, 723.06115, 723.06116, 723.0612 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Janet Garrett, Executive Director, FMHRC, P. O. Box 14125, Tallahassee, FL 32317-4125, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Janet Garrett, Executive Director, FMHRC, P. O. Box 14125, Tallahassee, FL 32317-4125, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61M-1.001 Procedures for Operation.

(1) The Florida Mobile Home Relocation Corporation (referred to in these Rules as “Corporation”) board of directors, one of whom serves as chair, shall Cconduct the corporation’s business at meetings held as frequently as deemed necessary by the board. All such meetings shall be noticed in the Florida Administrative Weekly, as well as the principal publications of the largest nonprofit association representing mobile home owners in this state and the largest nonprofit association representing the manufactured housing industry in this state, who comprise the members of the Ccorporation board of directors. Such notice shall be published at least 7 14 days prior to the date scheduled for the meeting of the board of directors, exceptin the case of emergency meetings of the board of directors, in which case the notice may be published less than 7 14 days prior to the date of the meeting. The board of directors may hold meetings by telephone conference call, or other electronic means, by providing 48 hours written notice via facsimile to the largest nonprofit association representing mobile home owners in this state, the largest nonprofit association representing the manufactured housing industry in this state and to other interested parties who have provided notice to the Ccorporation of their interest in receiving public notice of Ccorporation business, to review applications for payment of relocation expenses or abandonment so as to meet the timetable set forth in Section 723.0612(4), F.S. and to conduct such other business as authorized by law. Regular meetings of the Corporation board of directors may also be conducted by telephone conference call upon providing the 7 day notice referred to above and members of the board of directors may attend any in person meetings of the Corporation by telephone.

(2) The board of directors may employ or retain attorneys, accountants and or administrative personnel to perform the administrative and financial transactions and responsibilities of the Ccorporation and to perform any other necessary duties not prohibited by law. The board of directors is not required to engage in a competitive solicitation or bidding process for goods and services needed by the board to perform its functions.

(3) Members of the board of directors may be reimbursed by the Ccorporation for actual and necessary expenses incurred by them as members in accordance with state guidelines as approved by the department. Members of the board of directors are not entitled to any additional compensation for their services.

(4) The Ccorporation shall establish, by rule, an address for receipt of mail and any official notices required by Section 723.0612, F.S. The initial address for receipt of such mail or notices shall be Florida Mobile Home Relocation Corporation, Post Office Box 3047 14125, Tallahassee, Florida 32315-3047 32317-4125.

(5) The Ccorporation is authorized to open accounts with financial institutions or credit unions to conduct the financial affairs of the Ccorporation.

(6) The Ccorporation shall implement procedures, in conjunction with the department, for the transfer of funds from the Florida Mobile Home Relocation Trust Fund to the Ccorporation for the payment of claims for relocation and abandonment expenses approved by the board of directors.

Specific Authority 723.0611(3) FS. Law Implemented 723.0611, 723.0612 FS. History–New 1-6-04, Amended 11-3-04,________.

 

61M-1.002 Claims Procedures.

(1) In order to receive payment from the Ccorporation for relocation expenses, the applicant mobile home owner shall submit to the Ccorporation, with a copy to the park owner, a Home Owner Application for Payment of Relocation Expenses, FMHRC Form 1001, (Revised March 25, 2008) incorporated herein by reference, which includes a copy of the notice of eviction due to change in use of the land comprising the mobile home park and a copy of the signed contract with an installer moving or towing contractor that includes an itemization of the costs of taking down, moving and setting up the mobile home in a new location. The copy of the notice of eviction shall show a date after July 1, 2001, the effective date of the statute creating the Florida Mobile Home Relocation Corporation. The cost itemization referenced herein shall be in a form substantially similar to Tthe Installer’s Form, FMHRC Form 1007, (Revised March 25, 2008) incorporated herein by reference, must be used in order for the applicant’s request to be considered for approval by the board of the Ccorporation. The application shall also include a copy of the title(s) to the mobile home showing the name of the owner of the home being the same as the applicant for relocation expenses. The title certificate must bear the Department of Highway Safety and Motor Vehicles designation of “HS” which designates the home as a “mobile home.” No other designation on the title will be accepted for processing and approval for relocation expenses. Any application received that does not contain complete information and all of the required documentation shall be returned by the Ccorporation to the applicant along with a notice of the deficiencies in the application. Only completed applications will receive a date stamp. In the event the applicant resubmits the application with the required documentation, the application will then receive a date stamp assigning its priority. Applicants for payment under this section shall also submit an Acknowledgement of Non-Participation in Litigation and Acknowledgement of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008, (Revised March 25, 2008) incorporated herein by reference. An applicant mobile home owner who complies with the application requirements of law and rule shall be entitled to payment of the actual moving expenses to relocate the mobile home within a 50-mile radius of the vacated park, not to exceed $3,000 for a single-section mobile home or $6,000 for a multi-section mobile home. Please refer to the Corporation’s website for the forms referenced herein and for additional information on how to submit an application for assistance from the Corporation, www.fmhrc.orgnet.

(2) Any relocation claims made pursuant to this rule shall be prioritized as follows: The mail will be collected from the post office box address of the Ccorporation at least Monday, Wednesday and Friday, state and federal holidays excluded. Any completed applications received will be date stamped. Priority of payment of claims for relocation expenses will be based upon the date the completed application is date stamped.

(3) The Ccorporation must approve payment within 45 days after receipt of the completed relocation application, or payment is deemed approved. Once the mobile home has been moved to its new location, the Ccorporation shall forward to the park owner notice of a copy of the approval along with an invoice for payment of $2,750 for a single-section mobile home or $3,750 for a multi-section mobile home. If the applicant’s homeowner’s application was approved prior to June 26, 2003, the Ccorporation will invoice the park owner for payment of $2,000 for a single-section mobile home or $2,500 for a multi-section mobile home.

(4) If funds are available and the completed application is approved, the following shall occur:

(a) In the event the mobile home has not yet been moved to a new location, the Ccorporation shall issue a voucher to the installer moving or towing contractor in the amount of the contract price for relocation of the mobile home. The amount of the voucher shall be as approved by the board of the Ccorporation and as set forth in Section 723.0612(1), F.S. The installer moving or towing contractor may redeem the voucher from the Ccorporation following completion of the relocation of the mobile home and upon approval of the relocation by the mobile home owner that the work performed was satisfactory. Within 30 days of receipt of Installer Contractor Voucher for Payment for Mobile Home Relocation, FMHRC Form 1003, (Revised March 25, 2008) incorporated herein by reference, and proof of the satisfactory completion of the relocation by the installer moving or towing contractor, the Ccorporation shall pay the amount set forth on the voucher.

(b) In the event the applicant home owner has already moved the mobile home to a new location and paid for the move, the Ccorporation shall issue a voucher to the applicant home owner whose application was previously approved by the Ccorporation in accordance with this rule. The amount of the voucher shall be as approved by the board of the Ccorporation and as set forth in Section 723.0612(1), F.S. The applicant home owner may redeem the voucher upon submitting proof of the relocation of the mobile home in the form of a receipt or invoice marked “paid” by the installer moving or towing contractor. Within 30 days of receipt of Applicant Home Owner Voucher for Payment for Mobile Home Relocation, FMHRC Form 1004, (Revised March 25, 2008) incorporated herein by reference, and proof of the relocation by the installer moving or towing contractor, as set forth herein, the Ccorporation shall pay the amount set forth on the voucher.

(5) In the event a mobile home owner who has been evicted for change in the use of the land chooses to abandon the mobile home pursuant to Section 723.0612(7), F.S., the home owner who received a notice of eviction on or after June 26, 2003 may collect from the Ccorporation $1,375 for a single-section mobile home and $2,750 for a multi-section mobile home so long as the mobile home owner delivers to the park owner the current title(s) to the mobile home properly endorsed by the owner of record with valid releases of all liens shown on the title(s). If the home owner received a notice of eviction prior to June 26, 2003, the applicant homeowner may collect an amount equal to one fourth of the maximum allowable moving expenses. In order to qualify for reimbursement under this subsection, the title certificate on the mobile home sought to be abandoned must bear the Department of Highway Safety and Motor Vehicles designation of “HS” which is the designation as a “mobile home.” No other designation will be accepted for processing and approval for payment for an abandoned home. The applicant mobile home owner who seeks payment under this section shall submit to the Ccorporation an Application for Payment for Abandoned Mobile Home, FMHRC Form 1002, (Revised March 25, 2008) incorporated herein by reference, which includes a copy of the notice of eviction due to change in the use of the land comprising the mobile home park and a copy of the current title(s) to the mobile home with the proper designation of “HS” duly endorsed to the park owner by the owner of record and valid releases of all liens shown on the title. Applicants for payment under this paragraph shall also submit an Acknowledgment by Park Owner When a Home Is Abandoned, FMHRC Form 1009, (Revised March 25, 2008) incorporated herein by reference, with either the park owner’s signature acknowledging abandonment and agreeing to make payment to the Ccorporation, or the applicant’s home owner’s signature certifying their inability to obtain the park owner’s signature; Abandonment Acknowledgement, FMHRC Form 1010, (Revised March 25, 2008) incorporated herein by reference, which is a notarized form stating when where the home was abandoned and the address to which payment should be sent to; and Acknowledgement of Non-Participation in Litigation and Acknowledgement of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008, (Revised March 25, 2008) incorporated herein by reference. For applications approved on or after April 6, 2004, the Ccorporation shall forward the park owner a copy of the approval along with an invoice for payment of $1,375 for a single-section and $2,750 for a multi-section mobile home. Only completed applications will receive a date stamp. In the event the applicant resubmits the application with the required documentation, the application will then receive a date stamp assigning its priority. For applications approved prior to April 6, 2004, the Ccorporation shall forward the park owner a copy of the approval along with an invoice for payment of one fourth of the maximum allowable moving expenses. Please refer to the Corporation’s website for the forms referenced herein and for additional information on how to submit an application for assistance from the Corporation, www.fmhrc.orgnet.

(6) In the event the funds for payment of relocation expenses or the payment for abandonment of the mobile home have been exhausted, the following procedures will be utilized: due to the payment of previous claims and expenses of the corporation,

(a) Tthe applicant mobile home owner who has properly completed the relocation application and attached the required documentation, and been approved by the Corporation will receive a certificate, Form 1005 (Revised March 25, 2008) incorporated herein by reference showing the time and date of approval of payment of an applicant’s relocation expenses to a claimant. Should sufficient funds become available, the Ccorporation shall pay the claimant for relocation expenses whose unpaid claim is the earliest by time and date of approval.

(b) The applicant who has properly completed the abandonment application and attached the required documentation, and been approved by the Corporation, will receive a certificate, Form 1006 (Revised March 25, 2008) incorporated herein by reference. In the event the funds for payment for an abandoned home have been exhausted, Tthe Ccorporation shall pay the applicant home owner at the time the park owner has made the required payment to the Ccorporation for that applicant.

(7) Any abandonment claims made pursuant to this rule shall be prioritized as follows: The mail will be collected from the post office box address of the Corporation at least Monday, Wednesday and Friday, state and federal holidays excluded. Any completed applications received will be date stamped. Priority of payment of claims for abandonment expenses will be based upon the date the completed application is date stamped.

(8) The Corporation must approve payment within 45 days after receipt of the completed abandonment application, or payment is deemed approved. Once the mobile home has been abandoned, the Corporation shall forward to the park owner a copy of the approval along with an invoice for payment of $1,375 for a single-section mobile home or $2,750 for a multi-section mobile home. If the applicant’s application was approved prior to June 26, 2003, the Corporation will invoice the park owner for payment of $1,250 for a single-section mobile home or $2,500 for a multi-section mobile home.

(9) The forms adopted by the Corporation are:

(a) Homeowner Application for Payment of Relocation Expenses, FMHRC Form 1001.

(b) Homeowner Application for Payment for Abandoned Mobile Home, FMHRC Form 1002 (Revised March 25, 2008).

(c) Installer Voucher for Payment for Mobile Home Relocation, FMHRC Form 1003 (Revised March 25, 2008).

(d) Applicant Voucher for Payment for Mobile Home Relocation, FMHRC Form 1004 (Revised March 25, 2008).

(e) Certificate for Payment of Relocation Expenses When Funds Become Available, FMHRC Form 1005 (Revised March 25, 2008).

(f) Certificate for Payment for Abandoned Mobile Home When Funds Become Available, FMHRC Form 1006 (Revised March 25, 2008).

(g) Installer’s Form, FMHRC Form 1007 (Revised March 25, 2008).

(h) Acknowledgement of Non-Participation in Litigation and Acknowledgement of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008 (Revised March 25, 2008).

(i) Acknowledgment by Park Owner When a Home Is Abandoned, FMHRC Form 1009 (Revised March 25, 2008).

(j) Abandonment Acknowledgment, FMHRC Form 1010 (Revised March 25, 2008).

(10) All forms referenced in these rules and utilized by the Corporation may be obtained by writing to the Florida Mobile Home Relocation Corporation, Post Office Box 3047 14125, Tallahassee, Florida 32315-3047 32317-4125 or by visiting www.fmhrc.org.

Specific Authority 723.0611(3) FS. Law Implemented 723.061, 723.06116, 723.0612 FS. History–New 1-6-04, Amended 11-3-04, ________.

 

61M-1.003 Approved Forms.

The corporation adopts the forms below as suggested forms for use by mobile home owners and park owners:

(1) Home Owner Application for Payment of Relocation Expenses, FMHRC Form 1001, incorporated by reference herein and effective 1-6-04, amended 11-3-04.

(2) Application for Payment for Abandoned Mobile Home, FMHRC Form 1002, incorporated by reference herein and effective 1-6-04, amended 11-3-04.

(3) Contractor Voucher for Payment for Mobile Home Relocation, FMHRC Form 1003, incorporated by reference herein and effective 1-6-04, amended 11-3-04.

(4) Home Owner Voucher for Payment for Mobile Home Relocation, FMHRC Form 1004, incorporated by reference herein and effective 1-6-04, amended 11-3-04.

(5) Certificate for Payment of Relocation Expenses When Funds Become Available, FMHRC Form 1005, incorporated by reference herein and effective 1-6-04, amended 11-3-04.

(6) Certificate for Payment for Abandoned Mobile Home When Funds Become Available, FMHRC Form 1006, incorporated by reference herein and effective 1-6-04, amended 11-3-04.

(7) Installer’s Form, FMHRC Form 1007, incorporated by reference herein and effective 1-6-04, amended 11-3-04.

(8) Acknowledgement of Non-Participation in Litigation and Acknowledgement of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008, incorporated by reference herein and effective 11-3-04.

(9) Acknowledgment by Park Owner When a Home Is Abandoned, FMHRC Form 1009, incorporated by reference herein and effective 11-3-04.

(10) Abandonment Acknowledgment, FMHRC Form 1010, incorporated by reference herein and effective 11-3-04.

All forms referenced in these rules may be obtained by writing to the Florida Mobile Home Relocation Corporation, Post Office Box 14125, Tallahassee, Florida 32317-4125 or by visiting www.fmhrc.net.

Specific Authority 723.00611(3) FS. Law Implemented 723.061, 723.0611, 723.06116, 723.0612 FS. History–New 1-6-04, Amended 11-3-04, Repealed________,

 

61M-1.004 Late Fees.

(1) Pursuant to Section 723.06116(1)(a)-(d), Florida Statutes, late fees will be imposed according to the following schedule:

(a) 10% of total amount due for over 30 days past due; and

(b) 15% of total amount due for over 60 days past due; and

(c) 20% of total amount due for over 90 days past due; and

(d) 25% of total amount due for 120 days or more past due.

(2) In determining the initial 30-day past due deadline and imposition of all subsequent late fees, 5 days for mailing will be added to the original invoice postmark date.

Specific Authority 723.0611(3) FS. Law Implemented 723.06116(1) FS. History–New__________.

 

61M-1.005 Determination of Mobile Home Park Status.

In order to qualify for assistance from the Corporation, an applicant must own a mobile home and live in a mobile home park as defined by Section 723.003, Florida Statutes. The Corporation will rely upon the determination of the Florida Department of Business and Professional Regulation as to the status of a mobile home park and, specifically, whether the mobile home park meets the definition of “mobile home park” as defined by Section 723.003, Florida Statutes.

Specific Authority 723.0611(3) FS. Law Implemented 723.002, 723.003, 723.06116(1) FS. History–New__________.

 

61M-1.006 Qualification for Compensation.

(1) In order to qualify for compensation from the Corporation, the applicant must be mobile home owner as defined in Section 723.003, F.S., with title of the home in the name of the applicant and that person must have a valid rental agreement with a mobile home park on the date the rental agreement is terminated pursuant to Section 723.061(1)(d), F.S.

(2) Nothing in this rule shall limit the provisions of Section 723.0612, F.S., governing compensation from the Corporation.

(3) A mobile home owner is entitled to compensation from the Corporation if there is a valid rental agreement at the time the applicant is approved for compensation from the Corporation, or through the effective date of termination of the rental agreement set forth in the notice of termination for a change in use of the land as set forth in Section 723.061(1)(d), F.S., whichever occurs first.

(4) If a mobile home owner is sued for eviction for any reason under Section 723.061, F.S., during the pendency of the notice of termination for a change in use of the land as set forth in Section 723.061(1)(d), F.S., the right to compensation will terminate as to that applicant upon issuance of the Writ of Possession by the court, if issuance of the Writ of Possession occurs prior to the date of the Corporation's approval of the application for compensation.

Specific Authority 723.0611(3) FS. Law Implemented 723.003, 723.06116(1) FS. History–New__________.

 

61M-1.007 Timeframe to Apply for Assistance.

Pursuant to Section 723.0612(12), Florida Statutes, an applicant shall have 1 year after the expiration of their notice of eviction due to change in the use of the land to apply for assistance from the Corporation. If the applicant is a participant in a legal action based on the change in the use of the land against the mobile home park owner, then the applicant shall have 2 years after the expiration of the notice of eviction due to a change in the use of the land within which to apply for assistance from the Corporation.

Specific Authority 723.0611(3) FS. Law Implemented 723.0612(9), 723.0612(12) FS. History–New__________.

 

61M-1.008 Grievance Procedure.

(1) Any applicant for payment or compensation from the Corporation who is dissatisfied with the decision of the Corporation’s board of directors may file a grievance with a committee appointed to hear such grievances. The committee shall be comprised of a panel of 4 members, 2 of whom are appointed by the largest non-profit association representing mobile home owners in this state, and 2 of whom are appointed by the largest non-profit association representing mobile home park owners. The grievance panel shall not include any current members of the Corporation’s board of directors.

(2) All grievances must be filed in writing within 30 days of notification of the action from which the grievance arose and considered by the grievance committee within 45 days of receipt of all required information as described in subsection (4) below.

(3) The grievance shall be submitted in writing to the Corporation. Upon receipt of the written grievance, the Corporation shall forward the grievance to the above-referenced panel appointed by the non-profit associations.

(4) The written grievance shall include the following information:

(a) The date of the adverse determination upon which the grievance is based; and

(b) A detailed description of the facts and circumstances complained of; and

(c) The desired relief sought; and

(d) Supporting documentation.

(5) The recommendation of the grievance committee will be reported to and duly considered by the Corporation’s board of directors.

Specific Authority 723.0611(3) FS. Law Implemented 723.0612(9), 723.0612(12) FS. History–New__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Robert J. Sniffen, Sniffen Law Firm, P.A., General Counsel to Florida Mobile Home Relocation Corporation, 211 East Call Street, Tallahassee, FL 32301
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: FMHRC Board of Directors
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 25, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 7, 2008